The Lisbon Judgment of the German Federal Constitutional Court – New Guidance on the Limits of European Integration?

German Law Journal, vol. 11, no. 4, 367-390 (2010)

102 Pages Posted: 31 Dec 2014

See all articles by Armin Steinbach

Armin Steinbach

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods; Oxford University - Nuffield College; German Federal Ministry of Economic Affairs

Date Written: 2010

Abstract

The German Federal Constitutional Court (FCC) has found that there are no constitutional objections against the Lisbon Treaty. At the same time, the FCC imposed limitations to future integration by identifying a number of state functions that are non-amenable to integration and which have to be retained at the national level. This article examines the scope and content of these core competencies. It also discusses to what extent the criteria used by the FCC for the determination of core competencies might reflect a European-wide standard for the determination of limits to the transfer of competencies to the European Union. The article concludes that the judgment clarifies the limitations of the transfer of competencies, even though the criteria used by the FCC cannot claim to produce the set of inalienable sovereign powers that were recognized as such throughout the Union.

JEL Classification: F15

Suggested Citation

Steinbach, Armin, The Lisbon Judgment of the German Federal Constitutional Court – New Guidance on the Limits of European Integration? (2010). German Law Journal, vol. 11, no. 4, 367-390 (2010), Available at SSRN: https://ssrn.com/abstract=2543488 or http://dx.doi.org/10.2139/ssrn.2543488

Armin Steinbach (Contact Author)

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods ( email )

Kurt Schumacher Str 10
Bonn, 53113
Germany

Oxford University - Nuffield College ( email )

New Road
Oxford, OX1 1NF
United Kingdom

German Federal Ministry of Economic Affairs ( email )

Scharnhorststrasse 34-37
Berlin, 10115
Germany

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